Fence removal and land return granted, partial damages
In a case where a neighbor fenced off parts of our clients' land and blocked the shared access road, the removal and return claims were fully granted and the damages claims partly granted.
How the case unfolded
Background
Our clients own land along, or farm near, an access road used by local residents. The neighboring landowner put up barbed wire fences on parts of our clients' land and parked farm machinery on the road, blocking vehicle access.
Issues and ruling
Based on a survey appraisal and an on-site inspection, the court found that the neighbor was occupying parts of our clients' land without right. It also held that continuing to block the road despite our clients' repeated requests was a tort. However, the claim that the neighbor had damaged an electric supply line was rejected for lack of evidence.
Outcome
The neighbor was ordered to remove the fences and other obstacles, return the land, and pay a total of KRW 5.5 million in damages for emotional distress to three of our clients. Only part of the total KRW 22 million claimed for emotional distress was granted.
This is the outcome of an individual case and does not guarantee the same result in similar matters. Some facts have been generalized to protect the parties involved.
Related practice and case
See the practice area and another success story from the same field.
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